A man walks pass the Supreme Court of Canada in Ottawa on Thursday, Nov. 2, 2017. File photo. THE CANADIAN PRESS/Sean Kilpatrick A man walks pass the Supreme Court of Canada in Ottawa on Thursday, Nov. 2, 2017. File photo. THE CANADIAN PRESS/Sean Kilpatrick

Mandatory victim surcharge cruel and unusual punishment, top court rules

Stephen Harper’s Conservative government made the charges mandatory in 2013.

The Supreme Court of Canada says a law that makes people convicted of crimes pay surcharges to help victims is unconstitutional.

In a 7-2 decision delivered this morning in Ottawa, the Supreme Court found the mandatory victim surcharge amounts to cruel and unusual punishment.

The court says the surcharge creates a crushing financial burden on poor people and places them under constant threat of being arrested and jailed if they do not pay.

Judges have been forced to impose a one-size-fits all punishment that does not take into account the individual’s ability to pay, the court says.

Read more: Confusion surrounds controversial victim surcharge fees

Stephen Harper’s Conservative government made the charges mandatory in 2013.

The decision means no victim surcharges can be imposed in any conviction, starting immediately.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Stanley Cup returning to Salmon Arm after 15 years

Resident excited for twice-in-a-lifetime opportunity to see iconic trophy

Money available to curtail nutrient pollution of Shuswap watershed

Excessive phosphorous could make algae blooms and other unpleasant conditions more common

Eight times a charm: Larch Hills skiers win team trophy at Teck BC event

Shuswap contingent wins Midget Championships honour eighth year in a row

Salmon Arm boy is only Para-Nordic athlete at BC Winter games

Thirteen-year-old Kaden Baum competed in three races on his sit-ski at the games.

Home loss ends season for Sicamous Eagles

A defeat at the hands of the 100 Mile House Wranglers on Feb. 22 was the Eagles’ last outing.

Okanagan rescue team comes back home from Australian mission

Brad Pattison’s team spent 33 days rescuing wildlife

Kelowna mayor to request RCMP’s ‘unfounded’ sexual assault report

RCMP said the report was completed over a month ago but have yet to release it or make a statement

Criminality not suspected in Ellison trailer fire death

The body was discovered after crews responded to reports of a house fire

VIDEO: B.C.’s seventh coronavirus patient at home in Fraser Health region

Canada in ‘containment’ as COVID-19 spreads in other countries

Kelowna youth accused of killing 16-year-old released

The young woman was arrested on Feb. 21 and is facing one charge of manslaughter

Interior Health appoints administrator at Summerland Seniors Village

Numerous concerns raised about private seniors care facility

Man arrested following suspicious trailer fire in Kelowna

Reports came in about the fire at approximately 11:45 a.m. on Monday morning

Body discovered following vehicle fire on Kelowna property

Firefighters discovered a body in a home on Anderson Road

‘Please be quiet,’ Kelowna Mayor tells sexual assault survivor protesting in council chambers

Forty per cent of sexual assaults reported to Kelowna RCMP in 2019 were deemed ‘unfounded’

Most Read